House
File
161
H-1007
Amend
House
File
161
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
Section
147.136A,
subsection
2,
Code
2023,
is
4
amended
to
read
as
follows:
5
2.
The
Subject
to
subsection
4,
the
total
amount
recoverable
6
in
any
civil
action
for
noneconomic
damages
for
personal
injury
7
or
death,
whether
in
tort,
contract,
or
otherwise,
against
a
8
health
care
provider
shall
be
limited
to
two
hundred
fifty
9
thousand
five
million
dollars
for
any
occurrence
resulting
10
in
injury
or
death
of
a
patient
regardless
of
the
number
of
11
plaintiffs,
derivative
claims,
theories
of
liability,
or
12
defendants
in
the
civil
action
,
unless
the
jury
determines
that
13
there
is
a
substantial
or
permanent
loss
or
impairment
of
a
14
bodily
function,
substantial
disfigurement,
or
death,
which
15
warrants
a
finding
that
imposition
of
such
a
limitation
would
16
deprive
the
plaintiff
of
just
compensation
for
the
injuries
17
sustained
.
18
Sec.
2.
Section
147.136A,
Code
2023,
is
amended
by
adding
19
the
following
new
subsections:
20
NEW
SUBSECTION
.
4.
The
limitation
on
damages
contained
21
in
subsection
2
shall
increase
by
two
and
one-tenth
percent
22
on
January
1,
2028,
and
each
January
1
thereafter.
In
any
23
civil
action
described
in
this
section,
such
limitation
on
24
damages
shall
be
the
amount
effective
at
the
time
of
the
25
occurrence.
The
commissioner
of
insurance
shall
publish
the
26
amount
of
the
limitation
on
damages
contained
in
this
section
27
on
the
insurances
division’s
internet
site
and
shall
update
the
28
published
amount
annually.
29
5.
Until
January
1,
2028,
an
insurance
carrier
that
writes
30
medical
malpractice
insurance
in
this
state
shall
not
increase
31
the
premium
paid
by,
charged
to,
or
offered
to
any
health
care
32
provider
for
medical
malpractice
insurance
as
of
July
1,
2023.
33
On
January
1,
2028,
an
insurance
carrier
that
writes
medical
34
malpractice
insurance
in
this
state
may
increase
the
premium
35
-1-
HF
161.157
(3)
90
cm/ns
1/
2
#1.
paid
by,
charged
to,
or
offered
to
any
health
care
provider
1
for
medical
malpractice
insurance
as
of
July
1,
2023,
by
no
2
more
than
two
and
one-tenth
percent,
and
may
increase
such
3
premium
by
no
more
than
two
and
one-tenth
percent
each
January
4
1
thereafter.
The
commissioner
of
insurance
shall
approve
any
5
premium
increase
proposed
by
an
insurance
carrier
under
this
6
subsection
prior
to
the
premium
increase
being
imposed
on
a
7
health
care
provider.
For
the
purpose
of
this
subsection,
8
“medical
malpractice
insurance”
means
the
same
as
defined
in
9
section
519A.2.
10
Sec.
3.
APPLICABILITY.
This
Act
applies
to
causes
of
action
11
that
accrue
on
or
after
the
effective
date
of
this
Act.
>
12
2.
Title
page,
line
1,
after
<
against
>
by
inserting
<
and
13
medical
malpractice
insurance
of
>
14
3.
Title
page,
line
2,
by
striking
<
effective
date
and
>
15
______________________________
MATSON
of
Polk
-2-
HF
161.157
(3)
90
cm/ns
2/
2
#2.
#3.